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- Unreported Judgment
RHGO QCAT 122
RHGO  QCAT 122
Guardianship and administration matters for adults
On the papers
Senior Member Endicott
27 March 2017 and 28 March 2017
GUARDIANS, COMMITTEES, ADMINISTRATORS, RECEIVERS AND MANAGERS – APPOINTMENT – where two sets of applications made for appointment of a guardian and administrator – where one applicant sought an order for the production of documents by the other applicant – whether the documents would be of relevance or assistance to the issues to be determined by the Tribunal
ADULT EVIDENCE ORDER – WITHDRAWAL – where application made to obtain evidence from the adult at the hearing in the absence of other persons – where adult not expected to attend the hearing – whether order required – whether leave should be granted to withdraw the application
Guardianship and Administration Act 2000 (Qld) – s 12, s 15, and s 106.
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
- Multiple applications had been filed in the Tribunal seeking the appointment of decision-makers for RHGO under the Guardianship and Administration Act 2000 (Qld) (GAA Act). One of the applicants, RGM, the mother of RHGO, sought that notices be issued to the other applicant to produce specified documents that related to RHGO and to the other applicant, RA, who is the father of RHGO. The parents of the adult had been involved in Family Court proceedings involving RHGO when she was under 18 years of age.
- RA responded to the request for the production of documents and declined to provide the specified documents to RGM. Some of the requested documents were the banking records of RA for periods that preceded RHGO turning 18 years of age. Other requested documents related to RHGO’s schooling and emergency consent forms, taxi transport paperwork, and documents to evidence how expenditure about RHGO was made.
- The Tribunal was not satisfied that the production of the documents sought by RGM would be necessary for the Tribunal to determine the issues involved in the applications for the appointment of a guardian and administrator for RHGO. The issues that the Tribunal has to determine are set out in s 12 and s 15 of the GAA Act. The issues have a focus on what decision-making support is needed for an adult with impaired decision-making capacity. The issues that would have been relevant to the Family Court when deciding in whose care to place a child are not the same issues that the Tribunal has to determine.
- The documents sought to be produced would be of little or no relevance to the Tribunal in deciding the issues as to whether formal decision-making support would be needed for RHGO and who should provide that support. An oral hearing involving inquisitional procedures would provide a better basis for the Tribunal to determine if RA should be a formal decision-maker for RHGO rather than reliance on documents that barely relate to the current circumstances of the adult. No doubt RGM would like to know more about past events and expenditure relating to RHGO, but RGM cannot use the Tribunal to obtain that information when the information would have no persuasive impact on the issues to be decided in the appointment of a guardian and administrator. Complying with such a request would be burdensome to RA and of little relevance to the Tribunal.
- The Tribunal determined that the documents requested by RGM would not be of assistance to the Tribunal when deciding the applications for the appointment of a guardian and administrator for RHGO. The Tribunal refused the request for notices to produce to be issued.
- RA had filed an application for an Adult Evidence order. Such an application would be determined at an oral hearing when the substantive applications for the appointment of a guardian and administrator were heard and determined. The purpose of an Adult Evidence order is to permit the Tribunal to obtain evidence at a hearing from an adult in the absence of other persons. Section 106 of the GAA Act permits such an order being made if the Tribunal is satisfied that it is necessary to avoid serious harm or injustice to a person or to obtain relevant information that the Tribunal would not otherwise obtain at a hearing.
- RA informed the Tribunal that he wanted to withdraw the application for an Adult Evidence order. He had originally sought that some provision be made at the hearing to alleviate the stress that RHGO might experience at the hearing. After being informed by the Tribunal registry that RHGO was not compelled to attend the hearing and that the hearing could proceed in her absence, RA sought leave to withdraw his application for an Adult Evidence Order.
- As RHGO was not expected to attend the hearing, there was no longer any issue to determine by way of an Adult Evidence order and leave was given for that application to be withdrawn.
- Published Case Name:
- Shortened Case Name:
 QCAT 122
Senior Member Endicott
28 Mar 2017